UNITED STATES v. MERZ

No. 6772.

306 F.2d 39 (1962)

UNITED STATES of America, Appellant, v. Louis T. MERZ, Leo J. Merz, Minard Henderson and Grace Henderson; W. E. Guthrie, Bernice Guthrie and Federal Land Bank of Wichita, Wichita, Kansas; John Kerkoff and Katherine H. Kerkoff; Robert E. Davis and Mamie Davis; E. E. Smith and Pearl T. Smith; Bertha Kinney Rogers, Juanita Kinney Nagel and Wanda Kinney Riggins; Charlie O. Rivers and Myrtle Rivers, Earl Leverton, Nettie E. Bryan, L. T. Armstrong, Wayne Armstrong, Mary Indiana Armstrong, a/k/a Mary I. Armstrong, a/k/a Mrs. T. H. Armstrong, Fay Kliewer; and Ella B. Hoover and Federal Land Bank of Wichita, Wichita, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 6, 1962.


Attorney(s) appearing for the Case

Raymond N. Zagone, Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., Washington, D. C., B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., and Roger P. Marquis, Dept. of Justice, Washington, D. C., on the brief), for appellant.

Denver W. Meacham, of Meacham, Meacham & Meacham, Clinton, Okl. (Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, William J. Holloway, Jr., and Paul R. McDaniel, Oklahoma City, Okl., with him on the brief), for appellees.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

This is a proceeding by the United States to obtain by condemnation clearance easements1 over neighboring lands for use as airplane approaches to Clinton-Sherman Air Force Base in Washita County, Oklahoma. The right to acquire the easements is not disputed. The district court referred the question of adequate compensation to a commission. This is an appeal from a judgment approving and confirming the commission...

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